Templeton v. Fehn et al

Filing 52

Courtroom Minutes for Motions Hearing held on 5/30/2013 before Judge Richard P. Matsch. ORDERED: Non-Party FINRA's Motion to Quash Rule 45 Subpoena Of FINRA Employee Sophia Krunic, 47 , is denied for lack of jurisdiction. Plaintiff's Cross Motion for Determination of a Question of Law Re Immunity of FINRA for the Administrative Acts of its Employees 48 , was discussed and no advisory ruling issued. Interested Party FINRA terminated. FTR: K. Terasaki. (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: May 30, 2013 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 12-cv-00859-RPM FORREST DARYL TEMPLETON, Francis V. Cristiano Plaintiff, v. H. THOMAS FEHN, individually; ORLY DAVIDI, individually; GREGORY J. SHERWIN, individually; FIELDS FEHN & SHERWIN, a California General Partnership; and CATLIN SPECIALTY COMPANY, a Delaware Corporation, No appearance John R. Mann Defendants, And FINANCIAL INDUSTRY REGULATORY AUTHORITY, “FINRA”, Robert C. Blume Laura Sturges Interested Party. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Hearing on Pending Motions 11:00 a.m. Court in session. Court’s preliminary remarks. Statement by Ms. Sturges. Ms. Sturges states FINRA’s entire case filed has been produced. Statement by Mr. Cristiano. Ms. Sturges answers questions asked by the Court regarding documents produced. Ms. Sturges states FINRA is willing to have a declaration prepared by Ms. Krunic regarding certifying documents produced. Counsel agree to confer. May 30, 2013 12-cv-00859-RPM Discussion between Court and counsel. ORDERED: Non-Party FINRA's Motion to Quash Rule 45 Subpoena Of FINRA Employee Sophia Krunic, [47], is denied for lack of jurisdiction. ORDERED: Plaintiff’s Cross Motion for Determination of a Question of Law Re Immunity of FINRA for the Administrative Acts of its Employees [48], was discussed and no advisory ruling issued. Court suggests arbitral immunity. Discussion regarding scheduling. Mr. Cristiano states he anticipates filing a motion to amend to add claims (exemplary damages and bad faith). 11:17 a.m. Court in recess. Hearing concluded. Total time: 17 min. 2

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